Tribesy, I don't think anybody (here) claimed there can possibly be no benefit from them, ever, under any circumstances; one can find some silver lining even in genocide (uhm, I dunno, less pollution, more resources for the rest of us, whatever).Originally Posted by Tribesman
I think the point is that 1) the price we pay for having those is not worth the (quite unproved, so far) results/benefits; and 2) the official reason for setting those up was that they would reduce crime, etc. Apparently, they don't, so then if they don't do what the gov't claimed they would be useful for, then what's the point in having them ?
I'd like to point out that the crypto thing is not as irrelevant as it may seem. What's more interesting about it, and very much different from your run-of-the-mill law, is the fact that the burden of proof is NOT on the authorities this time (*); it's on you.
More precisely, a reasonable belief on their side that you do have the key is sufficient for them to charge you, UNLESS you can prove that you do not have it.
In other words: if you cannot prove that you do not have the key, you're screwed - they can put you in jail, and they don't have to prove anything - just have a reasonable belief that you do in fact have the key.
If you can prove that you do not have the key, then yes, they are required to actually prove the contrary before they can charge you with anything.
So, let's say you literally forgot your encryption key: too bad; you can end up in jail, because not providing it to the authorities is illegal now.
Some of the more obvious (and unbelievably ridiculous) effects/exploits are that if someone sends you something encrypted with a key and you don't actually know the key, you could get in trouble unless you can prove that you cannot possible have a key for that.
Also, other people pointed out that criminals get a very nice cop-out in this case, since if you're actually guilty of something, you can just refuse to turn over your key to the authorities and only spend up to 5 years in jail, whereas if you had handed over the key and they had decrypted your data (and found out that you're a terrorist/pedophile), you'd have faced a much worse sentence.
So, very very ironically, the law actually benefits PRECISELY the kind of people it claims it is aimed against.
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